Asked in Immigration Law

Q: not enough Physical presence for the CRBA of my child. How can get my child a US passport and travel to the US? urgent

I became a US citizen through my father. He was a green card holder, went through the naturalization process, and became a US citizen (2002). Consequently, I became a US citizen as well when I was around 12 years old. (Circa 2004)

I never lived long-term in the USA just for a couple of months at a time.

I've been living in China since 2014, I went to college, worked, and married. Traveled back to the US once or twice a year.

We are expecting a baby girl, and I want to pass my citizenship to her, but one of the requirements for the CRBA is that the USC parent should have at least lived in the USA for 5 years.

Unfortunately, I do not meet this requirement.

My wife is a Chinese national with a B2 visa, and she's not interested in living in the US, but she agrees that our daughter should become US Citizen.

I would like to know what I can do to give my daughter US citizenship.

Is it possible to obtain a passport for her to travel to the US?

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1 Lawyer Answer
Alexander Ivakhnenko
Alexander Ivakhnenko
Answered
  • Immigration Law Lawyer
  • Wheeling, IL

A: You pretty much made your own choices: you did establish a domicile in China, did not keep close ties to the US, and did not reside in the U.S. for the required five years to qualify the child to become a USC.

However, if you travel to the US as a USC and give birth to the baby girl here she will automatically become a USC.

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